Cat's already out of the bag

Diogenes

Nemo me impune lacessit
GjMeFWhXIAIAles



GjTqHTUWgAA5Trr
 
Outrageous. Obama Judge Paul Engelmayer didn’t just bar @elonmusk and @doge from Treasury systems, he barred the Secretary of the Treasury himself. Without citing a single law or even allowing Trump admin to appear in court!

This outlaw should be reversed immediately and Engelmayer should be forbidden by higher courts from ever hearing another case against the Trump admin.

https://wsj.com/us-news/law/federal-judge-blocks-elon-musks-doge-from-treasury-system-e0f1e55c?st=QQJrvW&reflink=article_imessage_share




View: https://x.com/SenTomCotton/status/1888335201652314487
 
Outrageous. Obama Judge Paul Engelmayer didn’t just bar @elonmusk and @doge from Treasury systems, he barred the Secretary of the Treasury himself. Without citing a single law or even allowing Trump admin to appear in court!

This outlaw should be reversed immediately and Engelmayer should be forbidden by higher courts from ever hearing another case against the Trump admin.

https://wsj.com/us-news/law/federal-judge-blocks-elon-musks-doge-from-treasury-system-e0f1e55c?st=QQJrvW&reflink=article_imessage_share




View: https://x.com/SenTomCotton/status/1888335201652314487
I started a thread on this, it is only the first response from the Swamp.....there will be many more.
 
Outrageous. Obama Judge Paul Engelmayer didn’t just bar @elonmusk and @doge from Treasury systems, he barred the Secretary of the Treasury himself. Without citing a single law or even allowing Trump admin to appear in court!

This outlaw should be reversed immediately and Engelmayer should be forbidden by higher courts from ever hearing another case against the Trump admin.

https://wsj.com/us-news/law/federal-judge-blocks-elon-musks-doge-from-treasury-system-e0f1e55c?st=QQJrvW&reflink=article_imessage_share




View: https://x.com/SenTomCotton/status/1888335201652314487
Sounds like an instant appeal.
 
NY Judge Paul A. Engelmayer issued a preliminary injunction that blocks Elon Musk's Department of Government Efficiency (DOGE) from accessing sensitive Treasury Department payment systems. This order came in response to a lawsuit filed by 19 Democrat attorneys general, who argued that the access could put personal information at risk and potentially disrupt the distribution of government funds. Judge Engelmayer, appointed by President Barack Obama, also mandated that any data already accessed by those now barred under this injunction should be immediately destroyed. This ruling was made effective until at least February 14, 2025, when another hearing on the matter was scheduled.

A preliminary injunction issued by a federal judge like Paul A. Engelmayer cannot be instantly appealed in the typical sense. Here's how it works:

  • Interlocutory Appeal: Preliminary injunctions can be appealed, but not immediately in all cases. These are known as interlocutory appeals, meaning they concern orders made before the final judgment in the case. For an interlocutory appeal to proceed, certain conditions must generally be met:
    • Automatic Appeal: Some types of orders, like those granting or denying an injunction under specific statutes or rules (e.g., 28 U.S.C. § 1292(a)(1)), allow for an immediate appeal without further permission.
    • Discretionary Appeal: Otherwise, to appeal a preliminary injunction, one would typically need to seek permission either from the district court judge who issued the order (under 28 U.S.C. § 1292(b)) or from the court of appeals itself through a writ of mandamus or similar extraordinary writ. The district court judge can certify the order for appeal if the judge believes it involves a controlling question of law where there is substantial ground for difference of opinion and that an immediate appeal might materially advance the ultimate termination of the litigation.
  • Stay: While waiting for the appeal to be heard, the party can also request a stay of the injunction from either the district court or the court of appeals to prevent the injunctions' effects during the appeal process.
  • Procedure: The process for filing such an appeal involves submitting a notice of appeal to the court of appeals for the circuit in which the district court is located (in this case, the Second Circuit Court of Appeals for New York) and following their rules for expedited appeals if applicable.

Given that Judge Engelmayer's preliminary injunction would fall under the usual rules for interlocutory appeals in federal court, an immediate appeal would require either automatic appeal rights under specific statutes or discretionary permission. Thus, while the appeal can be initiated quickly, whether it can proceed "instantly" would depend on these legal nuances and the urgency recognized by the appellate court.


@Grok
 
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